The people's court may set up a technical investigation room to be responsible for the daily management of technical investigators, assign technical investigators to participate in litigation activities of intellectual property cases and provide technical advice. Article 3 After the technical investigators involved in the litigation activities of intellectual property cases are confirmed or changed, they shall inform the parties concerned within three days and inform them that they have the right to apply for the withdrawal of technical investigators according to law. Article 4 The withdrawal of technical investigators shall refer to the applicable provisions of the Criminal Procedure Law, the Civil Procedure Law and the Administrative Procedure Law on the withdrawal of other personnel. Article 5 Technical investigators who participate in the litigation activities of a case during the trial procedure shall not participate in the litigation activities of other procedures of the case.
If a case remanded for retrial enters the second-instance procedure after the judgment of the court of first instance, the technical investigators who participated in the proceedings in the original second-instance procedure shall not be restricted by the provisions of the preceding paragraph. Article 6 Technical investigators who participate in the litigation activities of intellectual property cases shall perform the following duties on the technical issues involved in the cases:
(a) to put forward suggestions on the technical facts of the focus of the dispute and the scope, order and methods of investigation;
(two) to participate in the investigation and evidence collection, inspection and preservation;
(three) to participate in inquiries, hearings, pre-trial meetings and court hearings;
(four) put forward technical investigation opinions;
(five) to assist judges in organizing experts and professionals in related technical fields to put forward their opinions;
(six) to participate in the collegiate bench and other relevant meetings;
(seven) to complete other related work. Seventh technical investigators to participate in the investigation and evidence collection, inspection and preservation, should consult the relevant technical data in advance, and put forward suggestions on the methods, steps and precautions of investigation and evidence collection, inspection and preservation. Article 8 When technical investigators participate in inquiries, hearings, pre-trial meetings and court hearings, they may, with the consent of the judge, ask questions about technical issues involved in the case to the parties and other participants in the proceedings.
The technical investigator's seat in the court is on the left of the judge's assistant, and the clerk's seat is on the right of the judge's assistant. Ninth technical investigators should put forward technical investigation opinions on the technical problems involved in the case before the case review.
The technical investigation opinions shall be independently issued and signed by the technical investigation officer and shall not be made public. Article 10 When technical investigators attend the case review as nonvoting delegates, their opinions shall be recorded in the review record and signed by themselves.
Technical investigators have no right to vote on the verdict of the case. Eleventh technical investigation opinions put forward by technical investigators can be used as a reference for the collegial panel to identify technical facts.
The collegial panel shall be responsible for the determination of technical facts according to law. Twelfth technical investigators to participate in intellectual property litigation activities, should sign a judgment document. The signature of the technical investigator is located below the assistant judge and above the clerk. Thirteenth technical investigators in violation of the law and the provisions of the relevant judicial work, favoritism, bribery, deliberately issued false, misleading or major omissions of false technical investigation opinions, shall be investigated for legal responsibility according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Fourteenth people's courts at higher levels may, according to the needs of judicial work, transfer technical investigators from people's courts at all levels in their respective jurisdictions.
When trying the cases listed in Article 1 of these Provisions, the people's court may apply to the people's court at a higher level to send technical investigators to participate in litigation activities. Article 15 These Provisions shall come into force on May 1 day, 2065438. If the relevant provisions previously issued by our hospital are inconsistent with these provisions, these provisions shall prevail.